RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  98-02824
                       INDEX CODE:  131-00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

He be considered for promotion to  lieutenant  colonel  by  a  Special
Selection Board (SSB) for the CY97C (21  Jul  97)  Lieutenant  Colonel
Selection Board (P0597C), with inclusion of  his  Officer  Performance
Report (OPR), closing 15 Jun  97,  in  his  Officer  Selection  Record
(OSR).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His OSR was incomplete when he was considered  for  promotion  to  the
grade of lieutenant colonel by the P0597C selection board because  the
OPR, closing 15 Jun 97, was missing from his records.

In support of his request, applicant submits copies of his AFI 36-2401
application, the AFI 36-2401 Decision, his OPR closing 15 Jun 97,  and
a statement from his Military Personnel Flight (MPR) (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Total Active Federal Commissioned Service Date (TAFCSD) as
9 Jun 83.  He is currently serving on active  duty  in  the  grade  of
major, with an effective date of rank of 1 Nov 94.

The following is a  resume  of  his  OPR  ratings  subsequent  to  his
promotion to the grade of major:

            Period Ending    Evaluation

              15 Jun 95      Education/Training Report (TR)
              15 Sep 95           TR
            # 15 Jun 96           TR
            ##15 Jun 97      Meets Standards (MS)
              15 Jun 98           MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY97C  Central  Lieutenant
Colonel Board, which convened on 21 Jul 97 and adjourned 4 Aug 97.

## Top report at the time he was considered and selected for promotion
to lieutenant colonel by the CY98B Central Lieutenant  Colonel  Board,
which convened on 1 Jun 98.

The applicant filed a similar appeal under Air Force Instruction (AFI)
36-2401.  However, the Evaluation Report Appeal Board (ERAB)  declined
to formally review his application  because  it  was  not  within  the
purview of the ERAB.
_________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel  Program  Management,  HQ  AFPC/DPPPA,
reviewed this application and  recommended  denial.   DPPPA  disagrees
with the applicant’s contention that his  Officer  Performance  Report
(OPR), closing 15 Jun 97,  should  have  been  filed  in  his  Officer
Selection Record  (OSR)  before  his  below-the-promotion  zone  (BPZ)
consideration to  the  grade  of  lieutenant  colonel  by  the  P0597C
selection board.  DPPPA indicated that according to the governing  Air
Force instruction, OPRs are due to HQ AFPC/DPPBR3  no  later  than  60
days after closeout.  The applicant’s OPR was not  filed  in  his  OSR
until 9 Apr 98.  DPPPA stated that although the contested OPR was late
to file, it was not required to be filed in the applicant’s OSR  until
14 Aug 97, some three weeks after the P0597C  board  convened.   DPPPA
does not recommend SSB consideration with inclusion of the 15  Jun  97
OPR in the applicant’s OSR since the OPR was not required to be  filed
until 14 Aug 97.  DPPPA stated that although the applicant provided  a
statement from an MPF representative attesting to a  time-lag  between
the applicant’s unit and his section of  the  MPF  as  they  tried  to
correct the OPR, the  applicant  did  not  include  anything  from  HQ
AFPC/DPPBR3 to indicate when they originally received and returned the
15 Jun 97 OPR to the MPF  for  corrections.   The  evaluators  of  the
report have not provided statements to explain why the  unit  prepared
an OPR instead of a training report (TR) in the first place,  and  why
it took them so long to get the dates  on  the  OPR  corrected.   More
importantly, the evaluators have  not  provided  statements  affirming
their intentions to complete the OPR in time  for  the  report  to  be
included in  the  applicant’s  OSR  for  the  P0597C  board’s  review.
Although the final evaluator signed the OPR on 27  Jun  97,  the  fact
remains the OPR was not required to be filed in  the  applicant’s  OSR
before the selection board convened on 21 Jul 97 (Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that the  60
days maximum time for filing of OPRs to HQ AFPC/DPPBR3 was brought  up
during his investigation of the 10-month  delay  in  filing  his  OPR,
closing 15 Jun 97.  However, his rater had  submitted  the  OPR  early
with the understanding that DIA AFELM and the 11th Wing MPF would send
it to AFPC for filing in time for the P0597C  promotion  board.   They
called the AFELM and 11th Wing MPF on 8 Jul 97 to check that  the  OPR
had been sent and was assured that the OPR had been  forwarded  on  27
Jun 97, immediately after it was signed by  the  final  reviewer,  and
three weeks prior to the promotion board convening.  He was not  aware
of these errors until he returned from a deployment to Saudi Arabia in
Feb 98.  His rater  was  not  available  to  provide  further  support
because he had retired during his  (applicant’s)  deployment  and  was
never aware of this error.

According to the MPF, in Apr 98, the date discrepancy was  due  to  an
error by the AFELM incorrectly identifying  his  actual  OPR  closeout
date.  The AFELM had listed the date as 15 Sep as opposed to  15  Jun.
The date used by AFLEM was the date  he  had  in-processed  into  DIA.
Because he was in a TDY enroute status, AFPC told the  MPF  and  AFELM
that the correct closeout date for his OPR should have been 15 Jun  as
opposed to 15 Sep.  This meant that the MPF and AFELM  had  to  change
the date on the 15 Sep 96 OPR to reflect a corrected date  of  15  Jun
96.   Despite the fact the 15 Jun 97 OPR was submitted on the  correct
closeout date, it was the 15 Sep 96 OPR that was not  corrected.   The
MPF stated that this was the reason the 15 Jun 97 OPR was not filed in
his OSR by AFPC.  He was not in a training status when the 15  Jun  97
OPR was due.  Training reports from ACSC, covering the period  Aug  94
through Jun 95, and from AFSC, covering the period Jun through Sep 95,
were correctly completed and filed in his records.  At no time  was  a
TR required from DIA, DIA had incorrectly established his OPR closeout
date as 15 Sep instead of 15 Jun according to AFPC.

Based upon administrative errors by  DIA  AFELM  and  11th  Wing  MPF,
beyond his control, his  OSR  used  in  the  CY97  lieutenant  colonel
promotion board was  incomplete.   The  advisory  opinion  incorrectly
stated that a TR was required when, in fact, it was  not  because   he
was permanently assigned to DIA at the time  and  not  in  a  training
status.  He therefore believes it is fair to grant  SSB  consideration
for the P0597C selection board (Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  The Board  majority  is  of
the opinion that the evidence  presented  is  sufficient  to  show  an
irregularity with respect to the administrative processing of the  OPR
in question.  The Board majority noted the statement from the military
personnel flight (MPF)  attesting  to  the  problems  associated  with
processing the OPR.  In consideration of the  circumstances  presented
and the fact that the OPR was finalized prior to the  date  the  CY97C
selection board convened, the  Board  majority  believes  it  was  the
intent of the applicant’s superiors that his OPR closing 15 June  1997
be considered by the CY97C selection board.  In view of the foregoing,
the majority of the Board concludes that  the  applicant  suffered  an
injustice, as a result of the omission of the OPR  from  his  records,
and  that  he  should  be  afforded  Special  Selection  Board   (SSB)
consideration by the CY97C Lieutenant Colonel Selection Board  and  we
so recommend.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be considered for  promotion  to  the  grade  of
lieutenant colonel by a Special Selection Board for the Calendar  Year
1997C  (21  July  1997)  Lieutenant  Colonel  Selection  Board,   with
inclusion of the Field  Grade  Officer  Performance  Report  (AF  Form
707A), rendered for the period 16 June 1996 through 15 June  1997,  in
his officer selection record (OSR).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 April 1999, under the  provisions  of  AFI  36-
2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. Philip Sheuerman, Member
              Ms. Patricia D. Vestal, Member

By a majority vote, the Mr. Sheuerman and  Ms.  Vestal  voted  to  grant
applicant's request.  Mr. Schlunz voted to deny the applicant's  request
but  did  not  desire  to  submit  a  minority  report.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Oct 98, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPA, dated 15 Oct 98.
   Exhibit D.  Letter, SAF/MIBR, dated 2 Nov 98.
   Exhibit E.  Memorandum from applicant, dated 9 Nov 98.



                                   VAUGHN E. SCHLUNZ
                                   Panel Chair


AFBCMR 98-02824
INDEX CODE:  131-00




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be considered for promotion to the grade
of lieutenant colonel by a Special Selection Board for the Calendar
Year 1997C (21 July 1997) Lieutenant Colonel Selection Board, with
inclusion of the Field Grade Officer Performance Report (AF Form
707A), rendered for the period 16 June 1996 through 15 June 1997, in
his officer selection record (OSR).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency